Accueil > European economic law

KDEC 7085 - EUROPEAN ECONOMIC LAW

Type d'enseignement : Seminar

Semester : Spring 2018-2019

Number of hours : 24

Language of tuition : English

Pre-requisite

None.

Course Description

- L. BOUCON : The European internal market is at the core of the European integration project. Its purpose is to create a genuine and growth-oriented market across Member States, thus requiring national (legal, regulatory…) obstacles to be removed. The aim of the class is to understand how EU economic law, in particular through the Court of Justice of the European Union and the European legislator, removes such obstacles on the one hand, and how it reconciles market-driven goals with other values and imperatives (EU citizens' welfare, financial stability, protection of the environment…) on the other hand. In class, we will focus on the overarching principles of internal market law, namely the free movement of goods, persons, services, and capital. We will also look into other related fields of European economic law, such as consumer law, the Economic and Monetary Union, or intellectual property law. This class ultimately aims to familiarize students with the basics of EU law, i.e. each student should be able, at the end of the semester, to understand the EU hierarchy of norms and the main features of the Court of Justice legal reasoning. - Imola STREHO : The European internal market is the world's largest domestic market. It has contributed to growth, competitiveness and employment in the European Union and has been a pivotal force for European integration after WWII. The continuously evolving body of internal market law has significant economic, social, and political implications for people living in Europe. In class, we will first identify the different steps necessary to achieve the organization and the functioning of the internal market. The class will focus in particular on the rules governing the four internal market freedoms in the European Union, namely free movement of goods, services, workers, and capital. We will then identify the obstacles to free movement and conduct a contextual and functional analysis of the prohibition against obstacles and discrimination in the policies of the Member States. We shall also pay attention to the provision of the Treaty that allows the Union legislator to enact measures aimed at the approximation of national provisions with the view to ensure the functioning of the internal market. The working method of this course will mainly be a close reading and discussion of cases decided by the Court of Justice of the European Union (CJEU), which means that participants will be trained in carefully analysing the legal reasoning of the court. During the final class, we will organize a moot court competition, which will give the students practical experience in the field. Please bring the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), either in hard or electronic copy to each seminar (you will find them on ENTG and online in the Official Journal of the EU, C 115, 9 May 2009, p. 1-200). In addition to the required reading assigned for each class, we also recommend the following book as a source of reference: Catherine Barnard, Substantive Law of the EU, OUP, 4nd ed., 2013 or 5th ed., 2016.

Teachers

  • BOUCON, Lena ((Avocat à la cour - Orrick Herrington Sutclif Europe LLP))
  • STREHO, Imola (Secrétaire générale à l'École doctorale - Former référendaire at the European Court of Justice / Associate Professor)

Course validation

Lena BOUCON : Participation in class: 20% / Completion of class assignments: 20% / Final written examination: 60% Imola STREHO : Written examination on Moodle : 100% of the final grade. Class participation is essential and an integral part of the final grade.

Workload

Lena BOUCON : The students will be required to actively prepare the class by reading the various assignments, which may consist in academic articles and/or cases and/or pieces of legislation. In addition, each student will be asked to draft submissions (of max. 5 pages) relating to the topic dealt with in class and plead his/her case (max. 5 min.) before the rest of the class. A moot court competition will be organized on the last session, and will involve all European economic law groups. Imola STREHO : The course requires serious preparation ahead of each seminar. Serious preparation means that each text assigned should be read at least once, reflected upon, read again (if necessary) and discussed with other students.

Required reading

The material assigned for each class